Allahabad High Court
HASIBUN NISHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court directed the Civil Judge (S.D.)/F.T.C., Gorakhpur to decide the pending Section 138 complaint within six months, barring unnecessary adjournments.
Summary
The applicant, Hasibun Nisha, filed an application under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a court order directing the Civil Judge (S.D.)/F.T.C., Gorakhpur to dispose of a pending complaint (Case No. 21366 of 2025) filed under Section 138 of the Negotiable Instruments Act. The High Court noted that the case had been pending since 2025 and, without addressing the merits, directed the lower court to decide the matter within six months, prohibiting unnecessary adjournments, provided no other legal impediment existed. The order required the production of a certified copy of the decision. The application was consequently disposed of with the said direction. The judgment emphasizes expeditious disposal of pending criminal complaints involving negotiable instruments.
Issues considered
- Whether the High Court can, under Section 529 of the Bhartiya Nagrik Suraksha Sanhita, 2023, direct a subordinate civil court to decide a pending criminal complaint within a specified time frame.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 529
- Negotiable Instruments Act — s. 138
Subjects
- Section 529
- BNSS
- Negotiable Instruments Act
- Section 138
- expeditious trial
- court direction
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 4909 of 2026
Hasibun Nisha
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Muhd Shadab, Yashpal Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Muhd Shadab, learned counsel for the applicant, Shri A.K. Rai,
learned A.G.A. for the State and perused material on record.
The present application under Section 529 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a
direction to the Civil Judge (S.D.)/F.T.C., Gorakhpur to decide the
Complaint Case No. 21366 of 2025, under Section 138 of Negotiable
Instruments Act, Police Station Gulriha, District Gorakhpur within stipulated
period.
Considering the fact that the case is pending since 2025, without expressing
any opinion on the merits of the case, this application is finally disposed of
with a direction to the Civil Judge (S.D.)/F.T.C., Gorakhpur to decide the
aforesaid case in accordance with law, as expeditiously as
possible, preferably within a period of six months, after production of
certified copy of the order, without granting any unnecessary or long
adjournments to either of the parties, if there is no other legal impediment.
With the aforesaid directions, the application stands disposed of finally.
September 17, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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